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Register a Trademark
Protect your Company’s brand, name and logo with a Trademark Registration.
Our Trademark Attorney has vast experience in Trademark Registration and has assisted hundreds of clients all over South Africa and the World.
A Trademark can be registered for a brand name, a slogan or a logo that identifies the goods or services of a business and distinguishes it from competitors’ goods or services. It can be seen as an asset of the business, as it protects the company name. The most important part of a Trade Mark registration, is to specify the goods or services your company will deliver. All goods and services fall into one of 45 classes. Our Trade Mark Specialist will assist you to ensure you choose the correct class(es) for the necessary protection. These classes are subdivided in thirty four (34) classes for goods; and eleven (11) for services.
Do you need to Register a Trademark in South Africa?
Here is the Process to Register a Trademark in South Africa:
Phase#1 – Special Search: R 2690 (3 days).
The 1st Phase will include completing a special comprehensive search of the Trade Marks register in one class*.
Here we firstly check if you can proceed with the Trade Mark application ‘as is’ or if you need to adjust your Trade Mark to ensure success registration. We prepare your Trade Mark Application and then submitted it to our Trade Mark Attorney; who initiates and completes the special search on the CIPC Trade Marks register.
*A ‘class’ is a specific service / product category. If your services or goods or cover more than 1 category in which you want to be protected, we will need to do a search in additional classes, which will be an additional cost. Should you need additional classes, we will quote you at a discounted rate.
Phase#2 – Trademark Registration: R 2800 (VAT Incl).
Once you receive the search results, you will have the option to decided if you wish to proceed. Our Trade Mark Attorney will then assist with Phase 2, and start the Full Trade Mark Registration process.
Our Trade Mark Attorney, Reinhardt Bruwer, specialises in Intellectual Property Law and is a practicing Trademark Attorney with extensive expertise and experience in Trademark law and will ensure your Trademark is filed correctly.
Our Premium Trademark Services:
Trademark Registration is a lengthy process and there are no shortcuts. Many service providers offer quick Trademarks at a low cost – but unfortunately shortcuts can cause major issues with the Trade Mark. There have been recent cases where the Trademarks Office simply refuses the files if the correct legal procedures has not been followed through a Trademark Attorney. We provide a Premium Trademark Service to ensure the correct legal advise and process is followed to Register your Trademark with the “Trade Marks Office of South Africa”.
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Frequently Asked Questions
What are the Advantages of a Trademark in South Africa?
1) Protect your brand. Your name, logo and slogan are what will allow your customers to identify you from everyone else in the business. By registering your trademark, you gain legal exclusivity for the use of your company name, logo, and slogan.
2) Increased Company value. A registered trademark is a capital asset, which may be valued, licensed, or offered as security. It is for this reason that an investor may be more inclined to work with you as you have worked up the goodwill under the trademark that you have built. You are also able to govern the use of your trademark with manufacturers, distributors or franchisees and claim royalties in return.
3) Badge of quality. People trust a brand that they have seen in their day-to-day lives. By having the correct branding and trademarking, your customs will have more confidence in your product/service and will have the confidence to do business with you and pay the premium price.
What is the Process to Register a Trademark (Phase#2)?
1) In order to start the trademarking process, your requested trademark will first need to be examined. In this process, there are multiple searches conducted to ensure that your idea does not infringe on any already registered trademarks or are confusingly similar to an already trademarked idea.
2) Once the examination is processed, the Trademarks Office will either accept the application, or they might require certain conditions to be met, or they might refuse the application. Should your application be refused, you will need to start the process again. The trademark applicant may then accordingly amend the application or make representations to the Trademarks Office.
3) Once the application has been accepted by the Trademarks Office, the applicant needs to advertise the acceptance of the application the Trademark Journal. The application is open to opposition by any interested parties for a prescribed period of 3 months.
4) The application is then accepted, advertised and has not been opposed. Meaning that the Trademarks Office can formally register the trademark and provide you with your certificate of registration.
Dangers of not having a Trademark in South Africa:
- You will not have any registered legal exclusivity to your name, slogan, or logo etc.
- You will not have a statutory action available against anyone who uses a same or similar mark on similar or identical goods or services in South Africa.
- If your trademark is registered in SA, it serves as prima facie proof of the validity of the trademark and title to the mark.
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